Ordinanceadding to Chapter 13 of the Code of Ordinances - Junked, Wrecked, Abandoned
Property-pertaining to foreclosed and vacant homes and
require mortgagees to provide the City with the most up to date accurate data
and information for contacting a responsible party to bring the property into
compliance with this division.

Staff
Recommendation:

Staff recommends approval to add
additional articles to Chapter 13 of the Code of Ordinances, registration of
abandoned real property as defined in the city code and to levy fees and fines.

Analysis:

The addition to Chapter 13 will
establish a process to limit and reduce the deterioration of property located
within the City of Leesburg, where property is in foreclosure, or where
ownership has been transferred to lender or mortgagee by any legal method. It
is further intended to establish a registration program as a mechanism to
protect neighborhoods from becoming blighted through the lack of inadequate
maintenance of abandoned and vacated properties subject to a mortgage or
properties subject to mortgages that are in default.

Options:

1.Approve the addition of an article to the Junked, Wrecked, Abandoned
Property – Chapter 13 of the Code of Ordinances.

2.Such alternative action as the Commission may deem appropriate

Fiscal
Impact:

The fee schedule resolution will be
presented at the second reading of the Ordinance.An increase in the general fund is dependent
upon revenue collected from any fines assessed.

Submission
Date and Time:8/23/2012 11:46 AM____

Department:
_Police__________________

Prepared by:___Lisa Carter_______

Attachments:Yes_x___No ______

Advertised:____Not Required ______

Dates:__________________________

Attorney Review :Yes___No ____

_________________________________

Revised
6/10/04

Reviewed by: Dept.
Head ________

FinanceDept. __________________

Deputy C.M.
___________________

Submitted by:

City Manager ___________________

Account No. 001-0000-354-0100___

Project No.
___________________

WF No.
______________________

Budget______________________

Available
_____________________

ORDINANCE NO._________

AN
ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, PERTAINING TO ABANDONED REAL
PROPERTY SUBJECT TO PENDING FORECLOSURE; SETTING FORTH LEGISLATIVE FINDINGS;
CREATING A REGISTRY OF FORECLOSURE PROPERTIES; REQUIRING REGISTRATION OF REAL
PROPERTY SUBJECT TO MORTGAGE FORECLOSURE PROCEEDINGS; PROVIDING DEFINITIONS;
SPECIFYING THE APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT AND
PENALTIES; IMPOSING RESPONSIBILITY FOR MAINTENANCE AND SECURITY OF ABANDONED
REAL PROPERTY SUBJECT TO FORECLOSURE; REPEALING CONFLICTING ORDINANCES;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS,
the presence within the City of Leesburg of run down, overgrown and ill
maintained real property and structures thereon, which are the subject of
pending mortgage foreclosure actions, has become a serious problem, a threat to
the public health, safety and welfare, and an aesthetic blight, leading to the
deterioration of surrounding property and a decline in the fair market value of
other real property in the City; and

WHEREAS,
the existence of such abandoned real property has in the past, and will
continue to, create both public and private nuisances, foster crime and
lawlessness, and constitute an impediment to the sale and purchase of nearby
real property, and

WHEREAS,
despite having the means and resources to maintain this abandoned real
property, foreclosing lenders have in many instances failed or refused to
maintain and secure the abandoned real property in accordance with the
applicable codes and ordinances of the City, and

WHEREAS,
the City owes to its residents the duty to take such steps as are necessary,
desirable and lawful to persuade foreclosing lenders to maintain abandoned real
property and thereby to protect its residents from the decline and devaluation
associated therewith, and

WHEREAS,
the City Commission declares it necessary, to remedy the evils aforesaid, to
adopt procedures by which the City can ascertain the extent and location of
abandoned real property subject to foreclosure, determine the party or parties
responsible for maintenance and security of abandoned real property, and institute
a method by which the City may monitor and enforce requirements for such
maintenance and security,

NOW
THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

SECTION I.

Sections 13 – 20 through 13 – 30 of the
Code of Ordinances of the City of Leesburg, Florida, are hereby created to read
as set forth below:

Sec. 13-20.Purpose
and intent.

It is the purpose and intent of this
Ordinance to establish a process to limit and reduce the deterioration of
property located within the City of Leesburg, which property is in foreclosure,
or where ownership has been transferred to lender or mortgagee by any legal
method. It is further intended to establish a registration program as a
mechanism to protect neighborhoods from becoming blighted through the lack of
inadequate maintenance of abandoned and vacated properties subject to a
mortgage or properties subject to mortgages that are in default. The
registration process will require mortgagees to provide the city with the most
up to date accurate data and information for contacting a responsible party to
bring the property into compliance with this division.

Sec. 13-21. Definitions.

The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them, except
where the context clearly indicates a different meaning. Where the context will
permit and no definitions are provided herein, the definitions provided in the
Florida Building Code shall apply.

Abandoned real
property means any real property that is vacant and/or is under a public notice
of default, notice of foreclosure sale, pending tax assessor's lien sale and/or
properties that have been the subject of a foreclosure sale where title is
retained by the mortgagee, and any properties transferred under a deed-in-lieu
of foreclosure sale, a short sale or any other legal means.

Accessible
property means a property that is accessible through a compromised/breached
gate, fence, wall, and the like.

Accessible
structure means a structure or building that is unsecured and/or breached in
such a way as to allow access to the interior space by unauthorized persons.

Default means
that the mortgagee files a foreclosure action or public notice of default on
the mortgage. A mortgage shall be considered in default at such time as the
mortgagee declares said mortgage to be in default either in writing, by
recording a lis pendens, or by its actions, or commences foreclosure
proceedings.

Enforcement
officer means any fulltime law enforcement officer, building official, fire
inspector or code enforcement officer employed by the City of Leesburg.

Evidence of
vacancy means any condition that on its own, or combined with other conditions
present would lead a reasonable person to believe that the property is vacant. Such
conditions may include, but are not limited to: overgrown and/or dead
vegetation; electricity, water or other utilities turned off; stagnant swimming
pool; statements by neighbors, passers-by, delivery agents or government
agents.

Foreclosure
means the judicial process by which a property, placed as security for a
mortgage loan, is requested by the mortgagee to be sold at an auction to
satisfy a debt upon which the borrower has defaulted.

Mortgagee
shall mean, for purposes of this Ordinance, the record holder of a mortgage
declared in default or as to which a foreclosure action has been filed, and
shall also include the named plaintiff in a pending foreclosure action, and the
record owner of the abandoned real property named in a certificate of title
issued by the Clerk of the Circuit Court as a result of a foreclosure sale, if
such record owner is the plaintiff in the case, or an assignee of the final
judgment of foreclosure.

Property
management company means a local property manager, property maintenance company
or similar entity responsible for the maintenance of abandoned real property.

Residential
building means any improved real property, or portion thereof, situated in the
City, designed or permitted to be used for dwelling purposes, and shall include
the buildings and structures located on such improved real property.

Vacant means
any building or structure that is not lawfully occupied or inhabited by human
beings as evidenced by the conditions set forth in the definition of
"evidence of vacancy" above.

Sec. 13-22. Scope of Ordinance.

(a)This Ordinance applies to
abandoned and vacant real property that is or has been subject to a mortgage
determined by the mortgagee to be in default. A legal duty is hereby imposed on
the mortgagee to comply fully with all terms of this Ordinance.

(b) This
Ordinance will not apply to dwellings and structures located within a
multi-family structure if:

(1)The multi-family structure has a property
manager on the premises; and

(2)The multi-family structure has an active
owners' association responsible for the management and maintenance of the
property.

Sec. 13-23. Penalties

Violations of this division shall be
subject to enforcement by any of the enforcement means available to the City of
Leesburg, including but not limited to referral to the Code Enforcement process
and hearing before the Special Magistrate. If the mortgagee fails to register
the abandoned real property as required, or to renew the registration annually,
then in addition to the fees due hereunder the mortgagee shall pay a penalty at
the time of registration or renewal, in the amount of $50.00 for any
registration or renewal not more than 30 days delinquent; $75.00 for any
registration delinquent more than 30 days but not more than 90 days, and
$100.00 for any registration more than 90 days delinquent.

(a)Any
mortgagee who holds a mortgage on real property located within the City of
Leesburg shall perform an inspection of the property upon default by the
mortgagor or prior to the issuance of a notice of default. If the property is
found to be vacant or shows evidence of vacancy, it shall be deemed abandoned
real property and the mortgagee shall, within fifteen (15) calendar days of the
inspection, register the property with the City of Leesburg and appoint a local
property manager to oversee the maintenance and upkeep of the property. If the
property was not vacant at the time of default but becomes vacant sometime
thereafter, the mortgagee shall register the property with the City of Leesburg
and appoint a local property manager, no later than fifteen (15) calendar days
after the date the mortgagee discovers or is notified the property in default
is vacant.

(b)If
the property is occupied but remains in default, it shall be inspected by the
mortgagee, or his/her designee, monthly until:

(1)
The mortgagor or other party remedies the default; or

(2)It is found to be vacant or shows
evidence of vacancy, at which time it is deemed abandoned real property, and
the mortgagee shall, within ten (10) days of that inspection, register the
property with the City.

(c)Registration
pursuant to this section shall contain at a minimum the name of the mortgagee,
the mailing address of the mortgagee, e-mail address for a responsible person
in the employ of the mortgagee who can address issues pertaining to abandoned
real property, and telephone number and name of the local property manager and
said person's address and e-mail address. The local property manager shall be
responsible to inspect, secure and maintain the property. The local property
manager named in the registration shall be available to be contacted by the
City, Monday through Friday between 9:00 a.m. and 5:00 p.m., except for
recognized national holidays. The local property manager shall respond to any
report of a violation of this ordinance, or violations of any other City
ordinances, within twenty-four (24) hours of notice. The City of Leesburg shall
charge a fee for the registration as set by resolution of the Leesburg City
Commission. A registration shall have a term of twelve months from the date it
is filed with the City, and must be renewed annually for so long as the parcel
constitutes abandoned real property as defined in this Ordinance. At the time
of renewal, the mortgagee shall verify the identity of the local property
manager and of the person in the employ of the mortgagee who can address issues
pertaining to the abandoned real property.

(d)A
separate registration and fee is required for each vacant property that is
subject to this Ordinance and for each renewal of a prior registration for the
same property.

(e)This
section shall also apply to properties that have been the subject of a foreclosure
sale where title is transferred to the mortgagee as well as any properties
transferred to the mortgagee under a deed in lieu of foreclosure.

(f)Properties
subject to this section shall be under an annual registration requirement as
long as they remain abandoned real property as defined herein, or subject to
having been declared by a mortgagee to be in default.

(g)Any
person or other legal entity that has registered a property under this division
must report any change of information contained in the registration within
fifteen (15) calendar days of the change.

(h)Failure
of the mortgagee and/or property owner of record to register under this
Ordinance, or to revise from time to time the registration to reflect a change
of circumstances as required by this Ordinance, is a violation of the Code of
Ordinances of the City of Leesburg and shall be subject to enforcement by any
of the enforcement means available to the City of Leesburg.

(i)Pursuant
to a finding and determination that any abandoned real property is in violation
of the Code of Ordinances of the City of Leesburg, the City may take the
necessary action to ensure compliance with its ordinances, including entering
abandoned real property to mow, clean and secure it, and place a lien on the
property for the cost of the work performed to benefit the property and to
bring it into compliance, which lien shall bear the same priority as a lien for
unpaid ad valorem taxes.

(j)Registration
of the property will no longer be required upon the occurrence of either of the
events set forth below. There will not be a refund of any registration fee
already paid to the City. Upon the occurrence of either event listed below, the
mortgagee shall notify the City in writing of that fact together with the name,
address and telephone number of an individual authorized to act on behalf of
the purchaser or occupant with respect to the property and its condition.

(1)The property
is transferred from the mortgagee to a third party in an arm's length
transaction and proof of the transfer is provided to the City.

(2)The property
becomes occupied and evidence of occupancy is provided to the City. If the
property subsequently becomes vacant prior to transfer of the property as
contemplated in paragraph (j)(1) above, registration of the property will again
be required.

Sec. 13-25. Maintenance requirements.

(a)Properties
subject to this Ordinance shall be kept free of weeds, overgrown brush, dead
vegetation, trash, junk, debris, building materials, any accumulation of newspapers,
circulars, flyers, notices, except those required by federal, state, or local
law, discarded personal items including, but not limited to, furniture,
clothing, large and small appliances, or any other items that give the
appearance that the property is abandoned or not being properly maintained.
Weeds, overgrown brush or dead vegetation over ten (10) inches tall are
prohibited.

(b)The
property shall be maintained free of graffiti or similar markings by removal or
painting over with an exterior grade paint that matches the color of the
exterior structure. Yards shall be landscaped and maintained pursuant to the
standards set forth in the City of Leesburg Code. Landscaping shall include,
but not be limited to, grass, ground cover, bushes, shrubs, hedges or similar
plantings, decorative rock or bark or artificial turf/sod designed specifically
for residential, commercial or industrial installation, as applicable.
Landscaping shall not include weeds, broken concrete, asphalt or similar
material.

(c)Maintenance
shall include, but not be limited to, cutting and mowing of required
landscaping, and removal of all trimmings and weeds, together with maintenance
of fences, gates and buffers so they are in sufficient condition to serve their
intended purposes of excluding access to the property..

(d)Pools
and spas shall be kept in working order so that pool and spa water remains free
and clear of pollutants and debris, the water clarity shall be such that the
lowest part of the swimming pool or spa can be seen from the pool or spa deck,
and the water quality shall be such that it does not create a breeding ground
for mosquitoes or other insects. In addition, any screen enclosures, fences or
other pool barriers required by Florida statute must be maintained in adequate
condition so as to serve their intended purpose of preventing free access to
the pool.

(e)Failure
of the mortgagee and/or property owner of record to properly maintain the
property is a violation of the Code of Ordinances of the City of Leesburg and
may be subject to enforcement by any of the enforcement means available to the
City of Leesburg. Pursuant to a finding and determination, the City of Leesburg
may take the necessary action to ensure compliance with its ordinances and
place a lien(s) on the property and assign it as provided herein, having a
priority equal to the lien for unpaid ad valorem taxes.

Sec. 13-26. Security requirements.

(a)Properties
subject to this division shall be maintained in a secure manner so as not to
constitute an accessible property or accessible structure as defined herein.

(b)A
"secure manner" shall include, but not be limited to, the
maintenance, closure and locking of windows, doors, fences, buffers, gates and
other openings of such size that may allow a child or adult to access the
interior of the property and/or structure. Broken windows shall be secured by
reglazing or boarding.

(c)If
a mortgage on the property is in default and the property has become vacant or
abandoned, a local property manager shall be designated by the mortgagee to
perform the work necessary to bring the property into compliance with the Code
of Ordinances and the local property manager must perform weekly inspections to
verify compliance with the requirements of this section, and any other
applicable laws or ordinances of the City of Leesburg.

(d)When
the property becomes vacant or abandoned, it shall be posted with the name and
twenty-four-hour contact telephone number of the local property manager. The
sign shall be placed in a window facing the street and shall be visible from
the street. The posting shall be no less than eighteen (18) inches ×
twenty-four (24) inches, and shall be of a font that is legible from a distance
of forty-five (45) feet. The posting shall contain the following language:

THIS PROPERTY
IS MANAGED BY ____________ ____________ AND IS INSPECTED ON A REGULAR BASIS.
THE PROPERTY MANAGER CAN BE CONTACTED BY TELEPHONE AT ____________ OR BY EMAIL
AT ____________.

(e)The
posting shall be placed on the interior of a window facing the street to the
front of the property so that it is visible from the street, or secured to the
exterior of the building/structure facing the street to the front of the
property so that it is visible from the street or if no such area exists, on a
stake of sufficient size to support the posting in a location that is at all
times visible from the street to the front of the property but not readily
accessible to vandals. Exterior posting shall be constructed of and printed
with weather-resistant materials.

(f)Failure
of the mortgagee and/or property owner of record to properly inspect and secure
the property, and post and maintain the signage noted in this section, is a
violation of this Ordinance and shall be subject to enforcement by any of the
enforcement means available to the City of Leesburg. Pursuant to a finding and
determination, the City of Leesburg may take the necessary action to ensure
compliance with this section, and place a lien on the property and assign it as
provided herein, having a priority equal to the lien for unpaid ad valorem
taxes.

Sec. 13-27. Additional authority.

(a)If the City's director of code enforcement has
reason to believe that a property is subject to the provisions of this division
is posing a serious threat to the public health, safety and welfare, he or she
may bring the violations before the City's Code Enforcement Special Magistrate
as soon as possible to address the conditions of the property.

(b)If
there is a finding that the condition of the property is posing a serious
threat to the public health, safety and welfare, then the Special Magistrate
may direct the City to abate the violations and charge the mortgagee with the
cost of abatement.

(c)If
the mortgagee does not reimburse the City for the cost of abatement within
thirty (30) days of the City sending the mortgagee the invoice, then the City
may lien the property with the cost of abatement, along with an administrative
fee, such lien to have the same priority as the lien for unpaid ad valorem
taxes.

(d)If
the Special Magistrate finds that vagrancy or vandalism is occurring on the
property and that the presence of a security guard may deter the vagrancy or
vandalism, the Special Magistrate shall have authority to require the mortgagee
and/or owner of record of any property affected by this division to provide an
on-site security guard. The failure to provide an on-site security guard, as
ordered by the Special Magistrate, shall constitute a separate violation of
this Ordinance and shall be subject to enforcement by any of the enforcement
means available to the City of Leesburg.

Sec. 13-28. Supplemental provisions.

Nothing contained in this division shall
prohibit the City of Leesburg from enforcing its codes by any other means,
including, but not limited to, injunction, abatement or as otherwise provided
by Code.

Sec. 13-29.Applicability.

This Ordinance
shall apply to:

(1)Any abandoned real property subject to a
foreclosure filed on or after the effective date of this Ordinance;

(2)Any abandoned real property, as to which a
foreclosure which was filed before the effective date of this Ordinance,
remains pending for more than twelve months, measured from the date the
foreclosure was filed, until a certificate of title is issued in the pending
foreclosure.

Sec. 13-30.Powers of City.

(a)Whoever opposes, obstructs, or resists any City
officer or any person authorized by the City in the discharge of duties as
provided in this section, shall, upon conviction, be punished as provided herein.

(b)
Any Code Enforcement Officer, or any person authorized by the
City to act pursuant to the City's Code of Ordinances or state law, shall be
immune from prosecution, civil or criminal, for reasonable, good faith trespass
upon real property while in the discharge of duties imposed by this section.

(c)
The City's Code Enforcement Administrator, his/her designee, or
the City's authorized representative shall have authority to require the
mortgagee and/or owner of record of any property affected by this section, to
implement additional maintenance and/or security measures, including but not
limited to, securing any and all doors, windows or other openings, employment
of an on-site security guard, or other measures as may be reasonably required
to help prevent further decline of the property.

(d)
The City Manager, consistent with his/her duties and authorities
under the City Charter, including those duties and authorities relating to
emergency situations, is authorized and empowered to expend City funds as may
be reasonably necessary and available to carry out the terms of this Ordinance,
the expenditure of such funds being declared a proper municipal purpose.

SECTION
II.

All ordinances or part of
ordinances which are in conflict with this Ordinance are hereby repealed, to
the extent necessary to alleviate the conflict, but shall continue in effect
insofar as they are not in conflict herewith, unless repeal of the conflicting
portion destroys the overall intent and effect of any of the conflicting
ordinance, in which case those ordinances so affected shall be hereby repealed
in their entirety.

SECTION
III.

If any portion of this
Ordinance is declared invalid or unenforceable, and to the extent that it is
possible to do so without destroying the overall intent and effect of this
Ordinance, the portion deemed invalid or unenforceable shall be severed
herefrom and the remainder of the ordinance shall continue in full force and
effect as if it were enacted without including the portion found to be invalid
or unenforceable.

SECTION
IV.

This Ordinance shall become
effective upon its passage and adoption according to law.

PASSED AND ADOPTED at the
regular meeting of the City Commission of the City of Leesburg, Florida, held
on the day of ,
2012.